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IlBRA RY OF CONGRESS^ 



UNITED STATES OF AMERICA. 



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TERRITORY OF NEW MEXICO. 




7VYRI UMTION 



OF THE 



SCHOOL LftWS OF NEW MEXICO 



CO:NTAINIIfG 



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to Public Scl^ools. 



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832 



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SANTA FE, N. M.: 

New Mexican Printing Company. 

1891. 



SESSION LAWS OF 1891. 



CHAPTER XXV 



AN ACT Establishing- Common Schools in the Teekitoey of 
JSTew Mexico, and Ceeating the Office of Superinten- 
dent of Pcblic Instruction. 



Be it Enacted hy the Legislative Assemhly of the Territory of 
New Mexico. 

Section 1. That the governor, superintendent of public in- 
struction, and the president of St. Michael's College of Santa 
Fe, the president of the university at Albuquerque, and the 
president of the agricultural college at Las Cruces, shall be and 
constitute the Territorial Board of Education and shall meet 
semi-annually at the office of said superintendent on the first 
Monday of June and December of each year; I*rovided^ That 
the governor may assemble the members of said board at any 
time at his discretion. 

Sec 2. That the governor shall be president of said board 
and shall sign the journal of each day's proceedings. 

Sec. 3. The ofiice of superintendent of public instruction is 
hereby created, and the governor shall appoint, by and with the 
advice and consent of the council, a duly qualified person to fill 
said office, who shall hold his office for two years and until his 
successor is appointed and qualified. The superintendent of 
public instruction shall receive for his salary the sum of two 
thousand dollars per annum, payable quarterly, on the warrant 
of the auditor on the territorial treasurer, and also traveling ex- 
penses, not to exceed five hundred dollars per annum; the said 



School Laws of New Mexico. 



superintendent of public instruction shall be secretary of feaid 
board and shall keep a faithful and correct record of its pro- 
ceedings and shall keep the said record open at all times for in- 
spection; a copy of said record, certified by the secretary of the 
board, shall be in all cases received as evidence equal with the 
original. 

Sec. 4. That the Board of Education shall at the semi-an- 
nual meetings, apportion the territorial school fund to the vari- 
ous counties in proportion to the number of school children re- 
siding therein, over five and under twenty-one years of age, and 
shall certify such apportionment to the territorial treasurer; they 
shall also certify to the treasurer and school superintendents of 
each county the amount apportioned to their county, and the 
territorial auditor shall draw his order on the territorial treas- 
urer, in favor of the county treasurer of each county, for the 
amount apportioned to each county. 

Sec. 5. That the superintendent of public instruction shall 
before entering upon the duties of his office take and subscribe 
an oath, or affirmation, to support the constitution of the United 
States and the laws of the Territory of New Mexico and faith- 
fully to discharge the duties of the office; which oath or affirm- 
ation shall be filed in the office of the secretary of the territory. 

Sec. 6. That it shall be his duty to visit each county at 
least once a year and as much oftener as consistent with the dis- 
charge of his other duties, for the purpose of holding a teachers' 
institute and of awakening an interest in the cause of education 
throughout the tei-ritory; such institute shall be held for at 
least two days in each county each year. He shall file and care- 
fully preserve in his office the official reports made to him by 
the county superintendents of the several counties, trustees or 
directors of academies or colleges. 

Sec. 7. That it shall be his duty to recommend the most ap- 
proved text books in English, or in English and Spanish, for the 
common sljIiooIs of the territory, after the same have been 
adopted by the Territorial Board of Education; and such text- 



School Laws of New Mexico. 



books, when adopted, shall noi be changed for a period of four 
years. 

Sec. 8. That he shall prescribe and cause to be prepared in 
English and Spanish all forms and blanks necessary in the 
details of the common school system, so as to secure its uniform 
operation throughout the territory and to cause the same to be 
forwarded to the several county superintendents, to be by them 
distributed to the several persons entitled to receive the same. 
He shall cause to be published as needed as many copies of the 
school laws in force with such forms, regulations and instruc- 
tions as he may judge expedient, thereto annexed and shall cause 
the same to be forwarded to the county superintendents for dis- 
tribution. 

Sec. 9. That he shall prepare in each year a report for pub- 
lication, bearing date of the last day of December, containing a 
statement of the number of common schools in the territory, the 
number, age and sex of pupils attending the same, and the 
branches taught, and value of school property; also of the num- 
ber of private and select schools in the territory, so far as the 
same can be ascertained, and the number, age and sex of pupils 
attending the same, and branches taught, the number of acade- 
mies and colleges in the territory and the number, age and sex 
of students attending them, and such other matters of interest 
as he may deem expedient, drawn from the reports of the county 
superintendents, trustees and school boards, of the several coun- 
ties in the territory. 

Sec. 10. That he shall have an office at the seat of govern- 
ment, where shall be kept all books and papers appertaining to 
the business of his office, and copies of all papers filed in his 
office. His official acts may be certified by him and when so 
certified shall be entitled as evidence equally and in like man- 
ner as the original papers, and he shall deliver to his successor, 
within ten days after the expiration of his term all books, 
papers, documents and other property belonging to his office. 

Sec. 11. That a superintendent of schools for each county 



School Laws of Bew Mexico. 



shall be elected at each general election and hold his office for 
two years, or until his successor is elected and qualified. 

He shall receive from the county treasurer the sum of five 
dollars for every day actually and necessarily employed in his 
duties, not to exceed five days in each district each year; to be 
audited and allowed by the board of county commissioners upon 
statement of account verified by affidavit. 

Sec. 12. That the county superintendent shall have charge 
of the common school interests of the county. He shall, before 
entering upon the discharge of the duties of his office, take and 
subscribe an oath or affirmation to support the constitution of 
the United States, and the laws of the territory of New Mexico, 
and faithfully to discharge the duties of his office, which oath 
or affirmation shall be filed in the office of the county clerk. He 
shall also give bond in the sum of two thousand dollars, to be 
approved by and filed with the board of county commissioners 
of his county. 

Sec. 13. That he shall also on the first Mondays in July and 
January of each year, or as soon thereafter as he has received 
the certificate of the Territorial Board of Education, signifying 
the amount appropriated to his county, for the use of common 
schools for the current year, apportion such amount, together 
with all the county school fund, for the same purpose, to the 
several districts within the county, in proportion to the number 
of children residing in each over five and under twenty-one years 
of age, as the same shall appear from the last annual reports of 
the clerks of the respective districts, and he shall immediately 
certify such apportionment to the directors of the respective dis- 
tricts, and to the county treasurer, who shall credit the several 
school districts on his books with the respective sums appor- 
tioned to them. 

Provided, that no district shall be entitled to receive any por- 
tion of the common school fund in which a common school has 
not been taught at least three months during the twelve months 
preceeding. It shall also be his duty to visit each of the schools 



School Laws of New Mexico. 



within his jurisdiction at least once a year, and he shall also see 
that the annual report of the clerks of the several school dis- 
tricts of his county are made correctly and in due time. In con- 
junction with two competent persons appointed by the judge of 
the district court wherein the county is situated, he shall make 
examination of all applicants to teach and when duly satisfied 
of their competency shall grant them a certificate. 

Provided., that said superintendent wdth one of said persons 
so appointed shall constitute a quorum of said examining board. 
Said certificates, shall be of three grades, and such examination 
shall be necessary, for the three grades as the territorial super- 
intendent shall designate, and in school districts where the only 
language spoken is Spanish the teacher shall have a knowledge 
of both English and Spanish. Each member of said examining 
board shall receive five dollars per diem and no more for his 
services, to be paid from the county school funds. 

Sec 14. That whenever a school district shall be formed in 
any county the county superintendent shall within fifteen days 
thereafter prepare and post a notice of the formation of such dis- 
trict, describing its boundaries and stating the number thereof, 
and appointing a time and place for the first district meeting, 
and shall also furnish the county clerk with the description and 
boundaries of each school district as soon as practicable after the 
same is formed. He shall on or before the fifteenth day of 
October of each year make out and transmit in writing to the 
territorial superintendent, bearing date of October 1st, a report 
containing the statement of the number of school districts in 
the county, and the number, age and sex of children residing in 
each, over five and under twenty-one years of age, the number 
of schools in the county, the length of time each school has been 
taught, the number, age and sex of pupils attending the same, 
the number and sex of teachers employed, branches taught, and 
text books used; the number of private or select schools or 
academies in the county, so far as the same can be ascertained 
the number, age and sex of pupils and teachers employed, and 



B School Laws of JVew Mexico. 

the branches taught in each, the amount of public money re- 
ceived in each district, the amount of money raised by taxes and 
paid for teachers' salaries, in addition to the amount of public 
money raised by tax or otherwise for the purpose of purchasing 
sites for school buildings, repairing and furiiishiug school 
houses, and such other information as the territorial superinten- 
dent may desire. 

Sec. 15. That every county superintendent who shall will- 
fully neglect or refuse to make and deliver to the territorial 
superintendent his annual report as required by this act within 
the time limited therefor shall be liable on his bond for the full 
amount of money lost to the county by such neglect or refusal, 
with the interest thereon at twelve per centum per annum, to be 
recovered by the county treasurer in the name of the county, 
from the bondsmen of said superintendent. 

Sec. 16. That each of the school districts of the different 
counties as now constituted is hereby declared to be a school dis- 
trict, until changed under the provisions of this act, and there 
shall be established in each district one or more schools, in 
which shall be taught orthography, reading, writing, arithmetic, 
geography, the English language, grammar and the history of the 
United States. 

Sec. 17. That each school district shall be a body corporate 

by the name and style of school district number of 

the county of and by such 

name may contract and be contracted with, sue and be sued, in 
any of the courts of this territory having competent jurisdiction; 
and every such district shall hold in the corporate name of the 
district, the title of lands and other property which may be re- 
quired by said district for school purposes. 

Sec. 18. That a new school district may be formed, or the 
boundaries of any district changed, by the county superinten- 
dent, on petition of a majority of tde electors residing within 
the proposed district: Provided, however, that after the boun- 
daries of any district have been legally established and bonds 



School Laws of New Mexico. 9 

voted, theu and in that case there shall be an equitable division 
of the assets and liabilities of the original district. 

Sec. 19. That on the second Monday of May, 1891, the 
present county school superintendents of the respective counties 
shall cause to be posted notices in at least three public places in 
each school district calling an election to be held for three 
school directors of said district, on the first Monday in June 
following; said election to be held by three property holders in 
said district, to be named in said notice, and after said election 
is held the three directors elected shall hold office for one year 
and until their successors are elected and qualified, and the 
judges of election shall certify the result to the county superin- 
tendent; on the second Monday of May of each succeeding year 
the directors serving at the time shall post notices of an election 
to be held by them on the first Monday in June by the quali- 
fied voters, for three school directors whose term shall be one 
year. Only legal voters, residing and paying taxes in said dis- 
trict, shall be qualified to vote at said election ; the votes shall" 
be by written or printed ballots and the election shall be held 
between the hours of eight a. m. and five p. m. on the first Mon- 
day of June at the public school house or some other convenient 
place, to be specified in said notice; the result of said election 
shall be certified by said directors to the county superintendent 
and the term of office of said directors shall begin on the first 
Monday of July following their election. The directors so elect- 
ed shall take and file with the county superintendent, before the 
first Monday of July, an oath that they will faithfully perform 
the duties of their office; said oath shall be administered by the 
judges holding the election first provided for and at subsequent 
elections by the directors serving, and in said oath shall be set 
forth the number of said school districts. 

Sec. 20. That five days after their qualification the school 
directors shall meet and elect a chairman and a clerk, and two 
directors shall constitute a quorum, which shall be competent to 
discharge ali the duties of a full board. Should a vacancy occur 



10 School Laws of New Mexico. 

from any cause, notice shall be given to the county superinten- 
dent by the directors or a director, and thereupon said county 
superintendent shall appoint a director to fill such vacancy until 
the next election. They shall have the care and keeping of the 
school house and other property belonging to the school district 
and are hereby authorized to open the school houses for the use 
of religious, political, literary, scientific, mechanical, agricul- 
tural and industrial societies belonging in their district for the 
purpose of holding business or public meetings of said socie- 
ties. 

Sec. 21. That the school directors of the several districts 
shall have power and are hereby required to provide as soon as 
practicable school house sites, proper school houses, and suffi- 
cient fuel for the schools established by this act or any prior act; 
they shall pay teachers' wages'and interest on school house bonds 
as provided in section 2^, and for that purpose they are em- 
powered to levy a tax when necessary, not exceeding five mills 
on the dollar in any one year, on the taxable property of their 
respective districts. 

Sec. 22. It shall be their duty to make an estimate for such 
tax levy on or before the third Monday in July of each year, of 
the amount of money necessary for teachers' wages for at least 
six months in each year and to purchase or lease suitable sites 
for school houses and to keep in repair and provide for said 
school houses with necessary fuel and furniture, books and sta- 
tionery, for the board and district meetings and defray all other 
contingent expenses of the district, including interest on school 
house bonds, which tax levy shall be voted upon by the quali- 
fied voters of said district, and if concurred in by a majority of 
such said voters of said district it shall be certified to by the 
board of county commissioners of the proper county, and if said 
commissioners decide such election legal, this tax shall then be 
collected by the sheriff or tax collector, as other school taxes are 
now collected and accounted for. 

Provided, That no board shall issue warrants or certificates 



School Laws of Neio Mexico. 11 

of indebtedness of the school district in excess of the amount of 
the levy for one year, but all school orders shall draw six per 
cent interest per annum •after having been presented to the 
county treasurer and not paid for want of funds, which fact 
shall be endorsed upon the order by the treasurer; and they 
shall further have power to levy a special tax not exceeding live 
mills on the dollar of taxable property, for the purpose of creat- 
ing a sinking fund to pay off school house bonds as provided for 
in section 30. The directors of the several school districts shall 
also employ and pay school teachers under the restrictions im- 
posed by this act, and shall have the general control and man- 
agement of the schools in their respective districts subject to 
such supervision as shall herein be conferred upon the county 
superintendent, and the directors in the several school districts 
in the territory shall, on or before the first day of September of 
each year, make an enumeration of all unmarried persons be- 
tween five and twenty-one years of age, giving the names, ages, 
and sex of such persons in full, and reporting the same in writ- 
ing, which shall be signed by all the directors to the county 
superintendent, within fifteen days thereafter. All resident un- 
married persons between said ages shall be entitled to attend 
the schools of their districts. The clerks of the several school 
districts shall on or before the first day of May of each year 
make a report to the county superintendent in w'riting, showing 
the amount of money collected and expended for school house 
sites, school houses, and fuel, interest on school house bonds, 
contingent expenses, and for salaries paid teachers within the 
twelve months preceding. 

Any school director who shall willfully refuse or fail to make 
any report or perform all the duties required oy this section 
shall be deemed guilty of a misdemeanor and on conviction be- 
fore the district court of the proper county shall be punished by 
a fine of not more than one hundred dollars or by imprisonment 
in the county jail for a period not exceeding sixty days, in the 
discretion of the court. 



12 School Laws of 'N'ew Mexico, 

Sec. 23. That every person employed to teacli a school estab- 
lished by this act or any act now in force shall keep a proper 
record and at the end of each term make a report to the county 
superintendent, showing the whole number of pupils that have 
attended school during such terra, giving the names, ages and 
sex, the average daily attendance, the branches taught, and such 
other facts as may be deemed important, as showing the char- 
acter of the school and the proficiency of the pupils, and for 
failure to make such report he may be fined in the sum of not 
more than fifty dollars, upon conviction before any justice of the 
peace. N^o person shall be paid any money for teaching any 
school established under this act until an order is presented, 
signed by two of the school directors of the proper district, and 
endorsed by the county superintendent. 

Sec. 24. That the territorial auditor shall annually on or be- 
fore the first day of May of each year levy a tax not exceeding 
three mills on the dollar, upon the taxable property of the terri- 
tory, and certify the same to the tax collectors of the several 
counties, who shall collect the same as other taxes are collected 
and pay the same to the territorial treasurer. The money thus 
received shall not be expended for any other purpose or purposes 
than for paying the expenses on collecting, which shall not ex- 
ceed two and one-half per centum on the sum collected, for pay- 
ing expenses of printing necessary forms and blank reports and 
school laws, the salary of the county superintendent of public 
instruction and the expenses of his office, and paying school 
teachers. Said school money when collected shall be appor- 
tioned to the several counties as provided in this act. 

Sec. 25. That the county treasurers shalbseverally give bond 
with two or more sureties as treasurers of the school fund in 
their respective counties, in a sum which shall be fixed by the 
superintendent of public instruction at double the probable 
amount of the school funds which shall come into their hands; 
said bonds shall in no case be for a less amount than ten thou- 
sand dollars, and shall be approved by the county superintendent 



School Laws of New; Mexico. 13 

of Lke proper coimty and tiled with the superintendent of public 
instruction. 

Sec. 26. That the territorial treasurer shall give bond as 
treasurer of the school fund of the territory in the sum of one . 
hundred thousand dollars, with such sureties as shall be approved 
by the governor, which bond shall be filed with the superinten- 
dent of public instruction and legal proceedings for the recovery 
thereon shall be in the name of the Territory of ISTew Mexico 
and the solicitor general of the Territory of New Mexico shall 
prosecute suits on the said bond. 

Sec. 27. That the territorial auditor shall keep a separate 
account of the school fund, with each collector of taxes, and the 
territorial treasurer shall keep such funds separate from all 
others. Any tax collector who shall fail to pay over all school 
money collected by him within thirty days after the tenth day 
of each month in which the same is collected shall be summarily 
removed by the governor from the office of collector. If the tax 
collector be also sheriff such delinquent shall also be removed 
from the office of sheriff and -forever thereafter be disqualified 
from holding either of said offices, and the governor shall ap- 
point a successor, who shall qualify according to law, and mIio 
shall hold his office during the balance of the time of the officer 
removed. It shall also be the duty of the collector of taxes to 
keep the accounts of special taxes levied by school districts in 
separate books provided for that purpose. 

Sec. 28. That school districts shall have power and authority 
to borrow money for the purpose of erecting and completing 
school houses by issuing negotiable bonds of the district, to run 
any period of not less than twenty years, nor exceeding thirty 
years, drawing interest at a rate of not t© exceed six per centum 
per annum, with interest payable semi-annually, or anuiially, at 
such place as the board of directors issuing the same may direct, 
which said indebtedness shall be binding and obligatory on the 
school districts for the use of which said loan shall be made; but 
no district shall permit a greater outstanding indebtedness than 



14 School Laws of New Mexico. 

an amount equal to four per centum of the assessed value of the 
property of the district. 

Sec. 29. That the directors of any school district may sub- 
mit to the voters of their district at the annual or any special 
meeting called for that purpose, the question of issuing bonds as 
contemplated by this act, giving the same notice of such meet- 
ing as is now required to be given for the election of directors 
by this act, and the amount proposed to be raised by the sale of 
such bonds, which question shall be voted upon by the qualified 
electors of the district, and if a majority of all the votes cast 
upon that question be in favor of the issue of such bonds, then 
said board shall issue bonds to the amount voted, in denomina- 
tions of not less than twenty five dollars nor exceeding five hun- 
dred dollars, due not less than twenty, nor more than thirty 
years, after date, and redeemable at the pleasure of the district 
at any time after ten years, which said bonds shall be given in 
the name of the district issuing them and shall be signed by the 
president of the board of directors and approved by the county 
superintendent and be delivered to the county treasurer, taking 
his receipt therefor, and said county treasurer shall advertise for 
the sale of said bonds to the highest bidder in at least four is- 
sues of some weekly paper published in his county, or an adjoin- 
ing county, and shall countersign said bonds when negotiated. 
The county treasurer shall place the proceeds of such sale of 
bonds to the credit of the proper district, to be paid out as pro- 
vided for in the matter of special district tax. The county treas- 
urer shall stand charged upon his ofiicial bond with all bonds 
that may be delivered to him, but any bond or bonds not sold 
may be returned to the district and the treasurer credited with 
the same: 

Provided, that if such bonds are issued for the building of a 
school house, that the contractor constructing the same may re- 
ceive in payment such bonds at their face value, or at the price 
offered by the highest bidder: Frovided further^ that none of 



School Laws of New Mexico. 15 

the bonds mentioned in this act shall be sold for less than 90 
cents on the dollar. 

Sec. 30. That a special levy, not to exceed five mills, may 
be levied by the district board as is provided for the general ex- 
pense five mills levy of section 22, to be used as a sinking fund 
for the payment of outstanding bonds: 

Provided, No levy shall be made for the creation of a sink- 
ing fund at a less period than ten years after snch bonds have 
been issued. The sinking fund may be applied by the directors 
to the purchase and cancellation of outstanding bonds of the 
district. 

Sec. 31. All property, personal and real, situated in each 
school district shall be subject to the general three mills levy, 
and also to the sinking fund bond levy, and also to the five mills 
special levy, for the purpose of this act, and no further, the ex- 
emption lavrs heretofore and now in force in this territory are 
hereby repealed. 

Sec. 82. That no bonds of any district shall be issued or any 
special tax levied until the boundaries of said districts shall have 
been established and the property marked by monuments or by 
natural objects as provided by law. The boundaries of all 
school districts in this territory, so far as possible, shall coin- 
cide with the precinct boundaries, and said boundaries shall be 
established by the proper authority and the corners thereof 
marked by monuments or natural objects with the words dis- 
trict number ..in a permanent manner marked upon them, 

and an outline map of the district made showing the length and 
breadth thereof, and the proposed location of^the school house; 
a copy of the said map to be filed with the county superinten- 
dent. 

Sec. 33. That the county superintendent, the president of 
the school district, and some competent person, the county sur- 
veyor should there be one appointed by the county commission- 
ers, shall constitute the board, whose duty it shall be to estab- 
lish corn^ers, boundary lines, and draw the map contemplated in 



16 School Laws of New Mexioo. 

section 32 of this act; the expense of such proceeding to be 
charged to the county wherein the district is situated and to be 
allowed by the board of county commissioners thereof and not 
to exceed the sum of ten dollars for each district. 

Seo. 34. That in any school district where a special tax is 
in contemplation of being levied, or of bonds beiog issued, and 
after the boundaries of the district have been properly deter- 
mined and marked for that purpose, it shall be the duty of the 
county assessor to visit said district and make an assessment of 
all taxable property, both personal and real, within said school 
district, as fully and completely as he is now required to make 
the assessment of the county, and he shall be governed by the 
same rules, especially including in such assessment all kinds of 
live stock which graze wholly within the limits of such district. 
The county assessor shall provide each board of district direc- 
tors with a copy of such lists of taxable property, in the several 
districts. 

Sec. 35. That the following are hereby declared to be and 
remain temporary funds for common school purppses: 

First. The proceeds of all sales of intestate estates which 
escheat to the territory. 

Second. All forfeitures or recoveries on bonds of county, 
precinct or territorial school officers. 

Third. The proceeds of all fines collected for violation of 
the penal laws. 

Fourth. The proceeds of the sales of lost goods or estrays. 

Fifth. All moneys arising from licenses imposed upon 
wholesale and retail liquor dealers, distilleries, breweries, wine- 
presses, gambling tables or games of chance, which now pay 
license or may hereafter be required to pay license. 

All the moneys arising from the above enumerated sources 
when collected, shall be paid into the county treasury to the 
account of the several school districts, wherein such suras are 
collected, officers collecting and paying in the same taking the 
county treasurer's receipt therefor. Should there be more than 



School Laws of New Mexico. 17 

one school district in any precinct, said amount collected shall 
be divided among the several school districts pro rata, according 
to the scholastic census of said district, as furnished to the county 
school superintendent for the current year. 

Sec. 36. That a poll tax of one dollar shall be levied upon 
all able bodied male persons over the age of twenty-one years for 
school purposes. It shall be the duty of the county assessor to 
make out separate lists of all persons liable to pay a poll tax in 
each district and certify the same to the clerks of the several 
school districts, whose duty it shall be to collect the same, and 
said clerks shall receive ten per centum of all moneys collected 
from poll taxes. The district clerks are hereby empowered to 
bring suit in the name of the district for the collection of the 
same, if not paid within sixty days after said lists have been re- 
ceived by the treasurer. 

Provided, It shall be illegal for any person to vote at any 
election who has not paid his poll tax for the current year, and 
said payment must be made in case of a general election one day 
previous to such election day. 

Sec. 37. That it shall be the duty of the district clerks to 
make at least one copy of the poll tax lists as soon as received 
from the county assessor and post them up in some conspicuous 
place in their districts for the information of the people, and on 
or before the first Monday of April the district clerks shall re- 
port to the county superintendent in writing the amount of poll 
tax collected, from whom collected, the names of persons still 
delinquent, and the reason for the delinquency. 

Sec. 38. That on and after this act goes into effect it shall 
be the duty of the county assessor to make separate rolls of the 
poll tax list for the several school districts, and the said poll tax 
shall be collected as provided by this act. 

Sec. 39. That it shall be lawful for any district to take and 
hold in its corporate name, under the provisions of this act, so 
much real estate as may be necessary for the location and con- 
struction of a school house and convenient schools. 



18. School Laws of New Mexico. 



Provided, That the real estate so taken otherwise than by 
consent of the owner shall not exceed one acre. The site so 
taken must be situated on some public highway or thorough- 
fare. 

Sec. 40. That if the owner of any such real estate refuse or 
neglect to grant the necessary site on his premises, then and in 
that case the directors may acquire title to so much of said land 
as is necessary for school purposes in the manner now provided 
by law for the condemnation of land for railroads or other pub- 
lic purposes, and such land so taken shall be deemed to be taken 
for public use. 

Sec. 41. That it shall be lawful for communities where lyiug 
contiguous in the same county, though in different precincts, to 
form school districts according to the provisions of this act. 

Provided, That in such cases it shall be the duty of five of 
said petitioners to certify under oath the number of heads of 
families and children of school age belonging to the several 
parts or precincts sought to be joined in the new district. 

Sec. 42. That the school directors of the various districts in 
this territory are hereby empowered and required to compel 
parents, guardians, or other persons having the control, care or 
direction of children, when such children do not attend some 
private school, to send such children under their control to the 
public school for at least three months in each year, except when 
such children shall be under eight or above sixteen years of age, 
or of such physical disability as to unfit them for the labor re- 
quired, which disability shall be certified to by some regular 
practising physician. Any parent, guardian, or other person 
having the control of children who shall fail or refuse to send 
such children to f^chool as required by this act, shall be punished 
upon conviction tbereof by a fine of not less than one dollar nor 
more than twenty -five dollars, or by imprisonment for not more 
than ten days in any county jail. 

Provided, that such school directors shall have served written 
notice upon said parents, guardians or other persons having the 



School Laws of New Mexico. 19 

G^re and control of said children that such children are not in 
attendance at the public school or any other school as required 
by law: Provided, further ^ That if such parent or guardian is 
not able by reason of poverty to buy books for any such child, it 
shall be the duty of the school board of the proper district, upon 
the facts being shown to their satisfaction, to furnish the neces- 
sary books and pay for the same out of the school fund of such 
district by warrants drawn as in other cases; or that there is no 
school taught within two miles of the place of residence of such 
child by the nearest establised road. 

All fines so collected from the violation of this section shall 
be paid into the county treasury and placed to the credit of the 
school district in which the offense occurred. 

Sec. J:3. That pupils who are actual residents of a district 
shall be permitted to attend school in the same, regardless of 
the time when they acquire such residence, whether before or 
after the enumeration. 

Sec. 44. That the school month shall consist of four weeks 
of five days each, and a school day shall consist of six hours. 

Sec. 45. That all laws and parts of laws providing for the 
levy and collection of taxes for school purposes and all laws and 
parts of laws relating to public schools in the territory of ISTew 
JNIexico for the expenditure ©f money for the public schools, are 
hereby repealed, and this act shall take effect and be in force 
from and after its passage. 

Approved February 12, 1891. 



CHAPTEK LXIY. 



AN ACT IN Relation to School Books. 



Be it enacted by the Legislative Assemhly of the Territory of 

New Mexico: 

Section 1. The board of education of the territory of New 

Mexico shall have and is hereby vested with full power to adopt 

a system of school books for the use of the public schools of this 



20 School Laws of New Mexico. 

territory, and only the school books so adopted by the said 
board shall be used in any and all of the public schools in this 
territory. The board of education shall have power to contract 
with the publisher or publishers of text books adopted for use 
in the public schools in New Mexico in the name of the terri- 
tory and through the superintendent of public instruction for the 
purchase and delivery of said books under such regulations as 
the board may adopt. 

Skc. 2. The books purchased in the name of the territory 
shall be sold to the several counties for cash only, at cost and 
freight added and additional five per centum of amount of cost 
and freight, to cover necessary expenses; on the tenth of each 
month accounts of books purchased and sold shall be settled by 
the superintendent of public instruction; the text books shall 
be supplied by the publisher or publishers in quantities on the 
order of the superintendent of public education of the territory 
and on the first day of March and of September of each year a 
full settlement shall be had between the territory and the con- 
tractors and a full report thereof shall be submitted to the board 
of education of all matters connected with the purchase ©f text 
books by the superintendent of education. 

Sec. 3. Text books once adopted shall not be changed for 
four years and the first contract for same shall be entered into 
between the publishers and the territory on the first day of Sep- 
tember, 1891, or as soon thereafter as possible. 

Sec. 4. The board of education of the territory of New Mex- 
ico is hereby vested with exclusive power in the matter of pre- 
scribing the text books necessary and to be used in the public 
schools of this territory, and any school teacher, school director 
or any county school superintendent violating the regulations 
and rules of the board of education shall be deemed guilty of a 
misdemeanor and shall be fined for each and every offence, and 
upon conviction in a court of competent jurisdiction, in a sum 
not less than ten dollars nor more than one hundred dollars for 
each and every offense. 



School Laws of New Mexico. 21 

Sec. 5. This act shall take effect and be in force from and 
after its passage, and all acts and parts of acts in conflict there- 
with are hereby repealed. 

Approved Feb. 26, 1891. 



CHAPTER LXXVII. 



AN ACT TO AMEND An Act Entitled "An Act to Establish 
Common Schools in the Tereitoey of New Mexico and 
. Creating the Office of Supeeintendent of Public In- 
struction," Approved Feb. 11th, 1891. 



Be it enacted hy the Legislative Assembly of the Territory of 

New Mexico: 

Section 1. That the school fund derived from the general 
levy of three mills on the dollar of taxable property shall be 
paid directly by the several collectors to the treasurers of their 
respective counties to the credit of the county school funds, and 
shall be apportioned as now provided by law, together with all 
the county school fund by the county superintendent of schools, 
on the first Mondays in January, April, July and October. 

Sec. 2. The actual necessary expenses of the members of the 
board of education incurred in attending the meetings thereof 
shall be audited by the auditor of the territory, and paid out of 
any school funds in the territorial treasury. 

Sec. 3. County superintendents hereafter elected shall re 
ceive pay for their services and expenses as follows: In coun- 
ties having fifteen school districts or less, two hundred and fifty 
dollars per annipn; in counties having more than fifteen school 
districts but not more than twenty-five, five hundred dollars per 
annum; in counties having more than twenty-five school dis- 
tricts, but not more than thirty- five, seven hundred and fifty 
dollars per annum; in counties having more than thirty five 
school districts and not more than forty-five, one thousand dol- 



^2 School Laws oj- New Mexico. 

lars per annum; in counties having more than forty-five school 
districts and not more than fifty-five, twelve hundred and fifty 
dollars per anum; in counties having more than fifty-five 
school districts and not more than sixty-five, fifteen hundred dol- 
lars per annum; in counties having more than sixty-five school 
districts, seventeen hundred and fifty dollars per annum ; to be 
paid out of the school funds of the respective counties, and pay- 
able quarterly upon the order of the county commissioners upon 
the county treasurer. 

Provided^ That such compensation shall be made according 
to the number of school districts as they exist at the commence 
ment of the terms of ofiice of the several superintendents. 

Sec. 4. That it shall be illegal for any person to vote or at- 
tempt to vote at any election who has not paid his poll tax for 
the current year, and said payment must be made in case of a 
general election, at least sixty days previous to such election 
day. 

Sec. 5. That the following classes of property shall be ex- 
empt from taxation for school purposes: 

Property of the United States, of this territory, of counties, 
f'ities, towns and other municipal corporations when devoted en- 
tirely to public use, and not held for pecuniary profits, all public 
libraries, the grounds, buildings, books, papers and apparatus 
of literary, scientific, benevolent, agricultural and religious in- 
stitutions, and societies devoted exclusively to the appropriate 
object of those institutions, and not leased or otherwise used 
with a view to pecuniary profit, and cemeteries not held for 
pecuniary profit. 

Provided^ That mines and mining claims shall pay a tax upon 
the net product and upon the surface improvement only. 

Sec. 6. All cities and towns now organized by virtue of the 
authority of former acts, and all cities and towns hereafter 
organized under any law of this territory shall be governed by 
the provisions of this act. 

Sec. 7. In each city or town governed by this act there shall 



School Laws of New Mexico. 23 

be established and maintained a system of free common schools, 
which shall be kept open no less than three nor more than ten 
months in any one year, and shall be free to all children resid 
ing in such city or town between the ages of five and twenty 
years. But the board of education may when school room ac- 
commodations are insufficient exclude for the time being chil- 
dren between the ages of five and seven years. 

Sec. 8. Territory outside the city limits, but adjacent there- 
to, may be attached to such city or town for school purposes 
upon application to the board of education of such city or town 
by a majority of the electors of such adjacent territory, and 
upon such application being made to the board of education, 
they shall if they deem it proper and to the best interests of the 
school of said city or town and the territory seeking to be at- 
tached, issue an order attaching such territory to such city or 
town for school purposes, and to enter the same upon their jour- 
nal, and such territory shall from the date of such order be and 
compose a part of such city or town for school purposes only, 
and the taxable property of such adjacent territory shall be sub- 
ject to taxation and shall bear its full proportion of all expenses 
incurred in the erection of school buildings and in maintaining 
the schools of such city or town. 

Whenever the territory so attached shall have attained a 
population equal to that of any ward of such city or town, or 
whenever the taxable property of such attached territory shall 
equal that of any one ward of such city or town, such attached 
territory shall be entitled to elect two members of the board of 
education, who shall be elected at the same time that other 
members of the board are elected by the qualified electors of 
such territory, at an election to be held at such place as the 
board of education may designate. 

Sec. 9. The public schools of each city organized in pur- 
suance of this act shall be a body corporate and shall possess the 
usual powers of a corporation for public purposes by the name 
and style of the "board of education of the city (or town) of 



24 ScJwol Laws of New Mexico. 

._ _ ,of the Territory of New Mexico," and in 

that name may sue or be sued and be capable of contracting and 
being contracted with, of holding and conveying such real and 
personal estate as it may come into possession of, by will or 
otherwise, or as is authorized to be purchased by the provisions 
of this act. 

Sec. 10. Any city or town is hereby authorized and required 
upon the request of the board of education of such city or town, 
to convey to said board of education all property within the 
limits of any such city or town, heretofore purchased by any 
such city or town for school purposes, and now held and used 
for such purpose, the title to which is vested in any such city or 
town. 

Sec. 11. All conveyances for the property mentioned in the 
preceding section, shall be signed by the mayor, and attested by 
the clerk of said city or town, and shall have the seal of the city 
or town affixed thereto and be acknowledged by the mayor of 
such city or town in the same manner as other conveyances of 
real estate. 

Sec. 12. At each annual city or town election there shall be 
a board of education, consisting of two members from each ward, 
elected by the qualified voters thereof, one of whom shall be 
elected annually, and shall hold his office for a term of two years, 
and until his successor is elected and qualified. 

Provided^ that no member of the board of education shall be 
a member of the councilor toivn trustees, nor shall any member 
of the council or town trustees be a member of the board of 
education. 

Sec. 13. The board of education shall have power to fill any 
vacancy which may occur in their body. 

Provided^ that any vacancy occurring more than ten days 
previous to the annual election and having an unexpired term 
of one year shall be filled at the first annual election thereafter; 
and the ballots and returns of election shall be designated as 
follows: "To fill unexpired term." 



School Laws of New Mexico. 25 

Sec. 14. The board of education shall have power to elect 
their own officers, except the treasurer; to make their own rules 
and regulations, subject to the provisions of this act; to organize 
and maintain a system of graded schools; to establish a high 
school whenever in their opinion the educational interests of the 
city demand the same, and to exercise the sole control over the 
schools and school property of the city or town. 

Sec. 15. The board of education, at its regular meeting in 
May of each year, shall organize by the election of a president 
and vice president from among its own members, each of whom 
shall serve for the term of one year, or until their successors are 
elected and qualified; they shall also elect a clerk, who shall 
hold his office during the pleasure of the board, and who shall 
receive such compensation for his services as the board may ■ 
allow. 

Sec. 16. The treasurer of the city or town shall be ex-officio 
the treasurer of the board of education and shall give bond to 
the board of education as the board may require, said bond to 
be approved by the board of education and tiled with its clerk. 
It shall be the duty of the treasurer to deposit daily all money 
belonging to the board ot education in some responsible bank, 
to be designated by the board of education, in the name of such 
treasurer as such officer, which bank shall pay interest on month- 
ly average balances as may be agreed upon by such bank and 
the board of education, and before making such deposits, the 
board of education shall take from such bank a good and suffi- 
cient bond in a sum to be designated by the board of education, 
conditioned that such deposits shall be paid on the check or 
draft of said treasurer. The treasurer shall attend all of the 
meetings of the board when required to do so; shall prepare and 
submit in writing a monthly report of the finances of said board, 
and shall .pay school moneys only upon a warrant signed by the 
president, or, in his absence, by the vice president, and counter- 
signed by the clerk. The treasurer shall receive from the board 



.'26 School Laws of New Mexico. . 

of education, fifty dollars per annum for his services as treas- 
urer, and no more. 

Sec. 17. No member of the board of education shall receive 
any pay or emolument for his services. 

Sec. 18. It shall be the duty of the president to preside at 
all meetings of the board of education, to appoint all committees 
whose appointment is not otherwise provided for, and to sign 
all warrants ordered by the board of education to be drawn upon 
the treasurer for school moneys. 

Sec. 19. It shall be the duty of the vice presi^ient to perform 
all the duties of the president in case of his absence or disability. 

Sec. 20. It shall be the duty of the clerk to be present at 
all meetings of the board; to keep an accurate journal of its pro- 
ceedings; to take charge of its books and documents; to coun- 
tersign all warrants for school moneys drawn upon the treasurer 
by order of the board of education, and perform such other du- 
ties as the board of education or its committees may require. 

Sec. 21. Before entering upon the discharge of his duties, 
the clerk of the board of education shall give bond in the sum 
of one thousand dollars, with good and sufficient sureties, to be 
approved by the board, conditioned for the faithful performance 
of the duties of his office. 

Sec. 22. The board of education shall, on or before the first 
day of August of each year, levy a tax for the support of the 
schools of the city or town for the fiscal year next ensuing, not 
exceeeding in anyone year five mills on the dollar, an all person- 
al, mixed and real property within the district, which is tax- 
able according to the laws of the territory of New Mexico for 
school purposes, which levy shall be approved by the city coun- 
cil or town trusteas; and when so approved the cleric of the 
board shall certify to the county clerk, who is hereby authorized 
and required to place the same on the tax roll of said county, 
to be collected by the collector of the county as are other taxes, 
and paid over by him to the treasurer of the board of education, 
of whom he shall take a receipt in duplicate, one of which he 



School Laws of New Mexico. 2T 

shall file in his office, and the other he shall forthwith transmit 
to the clerk of the board of education. 

This section shall not be construed to change, alter, modify 
or amend section 1 of this act or any part of the act of which 
it is an amendment, with reference to the amount to be raised 
by taxation for school purposes, but the provisions of this sec- 
tion with reference to taxation for schools, under this section, 
and said law shall be held and taken to be in addition to the 
provisions of the act above referred to in this section. 

Sec. 23. The taxable property of the whole city or town, in- 
cluding the territory attached for school purposes, shall be sub- 
ject to taxation. All taxes collected for the benefit of the 
schools shall be paid in money, and shall be placed in the hands 
of the treasurer, subject to the order of the board of education. 

Sec. 24. The regular meetings of the board of education 
shall be upon the first Monday of each month, but special meet- 
ings may be held, from time to time, as circumstances may de- 
mand. 

Sec. 25. The board of education, at the close of each school 
year, or as soon thereafter as practit?able, shall make an annual 
report of the progress, prosperity and condition, financial as well 
as educational, of all the schools under their charge; and said 
report, or such of it as the board of education shall consider of 
advantage to the public, shall be printed, either in a public news- 
paper or in pamphlet form, and a copy furnished the county and 
the territorial superintendent. 

Sec. 26, No expenditure involving an amount greater than 
two hundred dollars shall be made except in accordance with 
the provisions of a written contract, and no contract involving 
an expenditure of more than five hundred dollars, for the pur- 
pose of erecting any public buildings or making any improve- 
ments, shall be made except upon sealed proposals, and to the 
owest responsible bidder. 

Sec. 27. No sectarian doctrine shall be taught or inculcated 
in any of the public schools of the city or town. 



28 School Laws of New Mexico. 

Sec. 28. All property held by the board of education for 
the use of public schools shall be exempt from taxation, and 
shall not be taken in any manner for any debt due from the city. 

Sec. 29. Any city or incorporated town in this territory, 
which shall by .the action of its common council, trustees or 
school directors have purchased any ground or building or build- 
ings, or may hereafter purchase any ground and building or 
buildings, or has commenced or may hereafter commence the 
erection of any building or buildings for school purposes, or 
which shall have by its school directors, common council or 
trustees, contracted any debts for the erection of such building 
or buildings, or the purchase of such ground and building or 
buildings, or such school directors, trustees or common coun- 
cil shall not have the necessary means with which to complete 
such building or buildings, or t6 pay for the purchase of such 
ground and building or buildings, or pay such debt, may on fil- 
ing by the school directors, trustees or common council of said 
city or town, of a report under oath, with the board of educa- 
tion of such city or town, showing the estimated or actual cost 
of any such ground and building or buildings, or the amount 
required to complete such building or buildings, or purchase such 
ground and building or buildings, or the amount of such debt, 
it shall be lawful for the board of education to order an election 
for the issuing of bonds of said school district in sbid city or 
town, to an amount to liquidate such proposed indebtedness, and 
the said board of education are hereby authorized and em- 
powered to issue such bonds in conformity with the require- 
ments, and in like manner that school bonds are issued. And 
said board of education are authorized and empowered to issue 
bonds to raise funds for the purchase of school site or sites, or 
to erect a suitable building or buildings thereon, or to fund any 
bonded indebtedness for school purposes of such city or town. 

Promded, that no bonds shall be issued until the question 
shall be submitted to the people, and a majority of the quali- 
fied electors who shall vote on the question at an election called 



School Laws of New Mexico. 29 

for that purpose, shall have declared by their votes in favor of 
issuing such bonds. The rate of interest on such bonds shall 
not exceed six per ceut per annum, payable annually or semi- 
annually, at such place as may be mentioned upon the face of 
said bonds, which bonds shall be payable in not less than twen- 
ty nor more than thirty years from their date, and the board of 
education is hereby authorized and empowered to sell such bonds 
at not less than par. 

Sec. 30. It shall be the duty of the mayor of each city .or 
town governed by this act, upon the request of the beard of 
education, forthwith to call an election to be conducted in all 
respects as are the elections for city or town officers in the same 
cities or towns, except that the returns shall be made to the board 
of education for the purpose of taking the sense of such district 
upon the question of issuing such bonds, naming in the procla- 
mation of such election the amount of bonds asked for and the 
purpose for which they are to be issued. 

Sec, 31. The bonds, the issuance of which is provided for in 
the foregoing section, shall be signed by the president, attested 
by the clerk and countersigned by the treasurer of the board of 
education; and said bonds shall specify the rate of interest and 
the time when principal and interest shall be paid, and each bond 
so issued shall be for a sum not less than lifty dollars. 

Sec. 32. The board of education at the time of its annual 
levy of taxes for the support of schools, as hereinbefore pro- 
vided, shall also levy a sufficient amount to pay the interest as 
the same accrues on all bonds issued under the provisions of 
this act, and also to create a sinking fund for the redemption of 
said bonds, which it shall levy and collect, in addition to the 
rate per cent authorized by the provisions aforesaid for school 
purposes; and said amount of funds, when paid into the treas- 
ury, shall be and remain a specific fund for said purpose only 
and shall not be appropriated in any other way except as here- 
inafter provided. 

Provided, There shall be no levy for sinking fund until ten 



30 School Laws of New Mexico. 

years after the issue of such bonds, if they be for twenty years; 
and twenty years after the issue if they be for thirty years, and 
the levy in any one year shall not exceed live mills on the dollar 
for such sinking fund, and the total levy in any one year shall 
not exceed ten mills on the dollar for all purposes: Provided 
further, That the levy for interest on such bonds as may be is- 
sued by such city or town shall not exceed in any one year an 
amount required to pay the annual interest. 

Sec. 33. Whenever the interest coupons of the bonds here- 
inbefore authorized shall become due, they shall be promptly 
paid, on presentation by the treasurer, out of any money in his 
hands collected for that purpose, and he shall endorse upon the 
face of such coupons in red ink the word "paid," and the date 
of payment, and sign the initials of his name. 

Sec. 34. The school fund and property of such city or town 
and territory attached for school purposes is hereby pledged to 
the payment of the interest and principal of the bonds men- 
tioned in this act, as tl.e same may become due. 

Sec. 35. It shall be the duty of the clerk of the board of 
education to register in a book provided for that purpose the 
bonds issued under this act, and all warrants issued by the board, 
which said register shall show the number, date and amount of 
said bonds, and to whom made payable. 

Sec. 36. Each member of the board of education and officer 
provided for in this act shall take and subscribe an oath or affir- 
mation to support the constitution of the United States and the 
laws of New Mexico, and faithfully perform the duties of his 
office. The oath and bond of the clerk shall be tiled with the 
treasurer; and all other oaths and bonds shall be filed with the 
clerk. 

Sec. 37. All acts and parts of acts in conflict herewith are 
hereby repealed, and this act shall take effect and be in force 
from and after its passage. 

Approved Feb. 26, 1891. 



• School Laws of New Mexico. 31 



U. S. STATUTES. 



Forty-Ninth Congress; First Session, 



CHAPTER CCOLXII. 



AN ACT TO Provide fob the Study of the I^ature of Alco- 
holic Drinks and Narcotics, and of their Effects upon 
THE Human System, in Connection with the Several 
DIVISIONS of the Subject of Physiology and Hygiene, wy 
THE Pupils in the Public Schools of the Territories and 
of the District of Columbia, and in the Military and 
Naval Academies, and Indian and Colored Schools in 
THE Territories of the United States. 



Be it enacted hy the Senate and House of Representatives of 
the United States of America in Congress Assevnbled: 

Section 1, That the nature of alcoholic drinks and narcotics, 
and special instruction as to their effects upon the human sys- 
tem, in connection with the several divisions of the subject of 
physiology and hygiene, shall be included in the branches of 
study taught in the common or public schools, and in the mili- 
tary and naval schools, and shall be studied and taught as thor- 
ouglily and in the same manner as other like required branches 
are in said schools, by the use of text books in the hands of 
pupils where other branches are thus studied in said schools, 
and by all pupils in all said schools throughout the territories, 
ill the military and naval academies of the United States, and in 
the District of Columbia, and in all Indian and colored schools 
in the territories of the United States. 



32 School Laws of New Mexico. 

Sec. 2. That it shall be the duty of the proper officers in 
control of any Echool described in the foregoing section to en- 
force the provisions of this act; and any such officer, school di- 
rector, committee, superintendent, or teacher who shall refuse 
or neglect to comply with the requirements of this act, or shall 
neglect ©r fail to make proper provisions for the instruction re- 
quired and in the manner specified by the first section of this 
act, for all pupils in each and every school under his jurisdic- 
tion, shall be removed from office, and the vacancy filled as in 
other cases. 

Sec. 3. That no certificate shall be granted to any person to 
teach in the public schools of the District of Columbia or terri- 
tories, after the first day of January, Anno Domini eighteen 
hundred and eighty-eight, who has not passed a satisfactory ex- 
amination in physiology and hygiene, with special reference to 
the nature and the effects of alcoholic drinks and other nacotics 
upon the human system. 

Approved May 20, 1886. 



